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: Sentencing Law and PolicyImagining post-Heller federal felon-in-possession litigation
By Douglas A. Berman
Full post as published by Sentencing Law and Policy on March 18, 2008 (boomark / email).
Heller in Wisconsin
By Jonathon Blevins, Legal Satyricon Second Amendment Correspondent Recently, the Eastern District of Wisconsin denied a felon?s motion to withdraw his guilty plea. Kenneth Robinson plead guilty to possession of a firearm as a felon...
Court Citing the Second Amendment In Way That Helps Gun Owner:
I should note that the no strict liability under the felon-in-possession decision that I discussed below appears to be the first post-Heller case in which the Second Amendment was actually...
Mistake of Fact About Whether You're a Felon = Defense to Felon-in-Possession Statute (with Second Amendment in a Supporting Role):
Federal law bans felons from possessing firearms, but doesn't expressly say whether this applies only to people who know they are felons. Usually this doesn't matter, since it is the rare...
District Court on the Second Amendment:
Industrious v. Cauley (E.D. Ky. Oct. 1), rejects yet another Second Amendment challenge to felon-in-possession laws -- a result that is correct under D.C. v. Heller, and also seems...
HELLER WIN!
Reading the opinion (150 pgs with dissents) now. Scalia writes. It's 5-4, the majority signing the one opinion, no concurrences or fragmentation. Individual right not linked to militia service...
Commentary on Heller and US v. Hayes
Over at Sentencing Law and Policy, there are numerous posts on Heller. This particular one tries to draw some conclusions from the fact that the Court recently granted cert. in US v...
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